Common use of Right to Re-enter Clause in Contracts

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY (30) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] when due hereunder; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY thirty (30) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) if Tenant abandoning abandons or vacating vacates or failing to does not do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease, or (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant and the same is not removed, discharged or bonded over within thirty (30) days after notice from Landlord. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of termination of this Lease: (a) any failure , either by operation of Tenant law, by issuance of a dispossessory warrant, by service of notice, or termination as herein provided, or otherwise, or in the event of a default referred to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other in subparagraph c. and e. of the termsDefault paragraph hereof, provisionsLandlord shall immediately re-enter and repossess the Demised Premises in an effort to mitigate, conditions to the fullest extent possible, Landlord’s damages. Landlord’s duty to re-enter the Demised Premises for the purpose of mitigating Landlord’s damages is contingent upon Tenant’s vacating and covenants surrendering possession of this Lease the Demised Premises to Landlord. In the event of such a re-enter by Landlord, Tenant shall be allowed access to the Demised Premises for more than THIRTY a reasonable period of time not to exceed sixty (3060) days after written from such re-enter and upon reasonable prior notice to Landlord for the sole purpose of such failure; (c) removing Tenant’s trade fixtures, personal property and inventory from the Demised Premises. Landlord shall not have a determination by landlord’s lien on Tenant’s trade fixtures, personal property, or inventory and Landlord that Tenant has submitted any false report required shall not have the right of seizure or to be furnished hereunder; (d) anything done by Tenant upon sell Tenant’s trade fixtures, personal property, or inventory. Landlord shall repair and alter the Demised Premises in connection with a reasonable manner and to the condition of the Premises at lease commencement, and use its best efforts to let or relet the construction of Demised Premises or any part parts thereof which directly [CONFIDENTIAL] interferes in any way with, for the whole or results in a work stoppage in connection with, construction of any part of the Center remainder of the then current term or for a longer period, in Landlord’s name or as the agent of Tenant, and out of any other rent collected or received from subtenants or as a result of such letting or reletting, Landlord shall, first, pay to itself the cost and expense of retaking, repossessing, repairing, and/or altering the Demised Premises, and the cost and expense of removing Tenant and property therefrom; second, pay to itself the cost and expense sustained in securing any new tenant's space; (e) and, if Landlord shall maintain and operate the bankruptcy or insolvency Demised Premises, the cost and expense of operating and maintaining the Demised Premises; and, third, pay to itself any balance remaining on account of the liability of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or to Landlord for the appointment of a receiver or trustee of sum equal to all or a portion of Tenant's property, or Tenant's assignment rent and other charges payable hereunder and unpaid by Tenant for the benefit remainder of creditors; (f) Tenant abandoning or vacating or failing the term. Should any rent collected by Landlord as provided in this paragraph after the payments therein mentioned be insufficient to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition fully pay to Landlord a sum equal to all rent and other rights charges payable hereunder for the remainder of the term, the balance or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination deficiency shall be effectivepaid by Tenant on the rent days herein specified; that is, and upon each of such rent days Tenant shall have pay to Landlord the right, either before or after any such termination, to re-enter and take possession amount of the Premises, remove all persons deficiency then existing; and property from the Premises, store such property at Tenant's expense, Tenant shall be and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming remain liable for any loss such deficiency, and the right of Landlord to recover from Tenant the amount thereof, or damage occasioned thereby. Nothing herein a sum equal to all such rent, additional rent, and other charges payable hereunder, if there shall be construed no reletting, shall survive the issuance of any dispossessory warrant or other termination hereof, and Landlord shall be entitled to require Landlord to give retain any notice before exercising any of its rights and remedies provided for in Section 3.4excess.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount WITHIN TEN due hereunder within ten (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] days after written notice of such failure; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY thirty (30) days after written notice of such failure, excepting such defaults that cannot be cured completely within such thirty (30) day period providing Tenant, within said thirty (30) day period, has promptly commenced to proceed with diligence and in good faith to remedy such default; or (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's ’s property, or Tenant's ’s assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace the event of a default which is not cured by Tenant within the applicable cure period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effectiveLease, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's ’s expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for constructive eviction. In the event that Tenant fails to pay any loss rent or damage occasioned thereby. Nothing herein other amount due hereunder within ten (10) days after written notice of such failure from Landlord more than three (3) times in any consecutive twelve (12) month period, then, commencing with the fourth (4th) such non-payment by Tenant, Tenant shall be construed pay Landlord a late charge equal to require Landlord to give any notice before exercising any five percent (5%) of its rights and remedies provided for in Section 3.4the delinquent amount.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount WITHIN TEN within ten (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] days after written notice that the same is past due hereunder; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY ten (3010) days after written notice of such failurefailure or such additional time as is reasonably required provided Tenant promptly commences to cure and diligently pursues the same to completion; (c) a determination by Landlord that Tenant has submitted any intentionally and willfully false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy if Tenant abandons or insolvency of Tenant vacates or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to does not do business in the Premises when required to do so under this Lease for more than ten (10) consecutive business days, or (gf) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (hg) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER with ten (10) days grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effectiveLease, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all with notice but without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4if tenant has vacated the premises.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of this Lease: (a) any failure of Tenant to pay any rent rental due hereunder within five (5) days after the same shall be due, or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant or Guarantor for more than THIRTY thirty (30) days after written notice of such failure; (c) a determination by Landlord that default shall have been mailed to Tenant, or if Tenant has submitted or Guarantor shall become bankrupt or insolvent, or file any false report required debtor proceedings, or take or have taken against Tenant or Guarantor in any Court pursuant to be furnished hereunder; (d) anything done by Tenant upon or in connection with any statute either of the Premises or the construction United States of any part thereof which directly [CONFIDENTIAL] interferes in any way withState, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's or Guarantor's property, or Tenant's if Tenant or Guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandoning or vacating Guarantor shall abandon said premises, or failing to do business in the Premises or (g) suffer this Lease or Tenant's interest herein or in the Premises or to be taken under any improvements thereon or any property writ of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such eventexecution, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or and remedies it may have, . shall have the right thereupon or at any time thereafter to terminate this Lease of reentry provided by giving Florida law which provides for notice to Tenant stating the date upon which such termination shall be effectiveand a judicial hearing. After notice and a final judgment, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, Landlord may remove all persons and property from the Premises, store leased premises and such property may be removed and stored in a public warehouse or elsewhere at Tenant's expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunderfor the account of Tenant, and all without FURTHER notice or resort liability to legal process and without being deemed guilty of trespass or becoming liable Landlord for any loss or damage which may be occasioned thereby. Nothing Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other term and condition as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such retelling, including brokerage fees and attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such retailing during any month be lose than that to be paid during that month by Tenant hereunder Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. If such rentals received from such retelling during any month be more then that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall ho for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to require terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the leased premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be immediately due and payable from Tenant to Landlord. In determining the rent which would be payable by Tenant hereunder, subsequent to default, the annual rent for each year at the unexpired term shall be equal to the average annual minimum rent paid by Tenant from the commencement of the term to the time of default, or during the proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to release the Premises or, in the event that the Premises are released, for failure to collect the rent under such releasing. The failure of Landlord to give re-lease all or any notice before exercising any part of its rights and remedies provided the Premises will not release or affect Tenant's liability for in Section 3.4rent or damages.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay agrees that if any rent or other amount WITHIN TEN any charges herein included as rent shall remain unpaid on any day on which the same ought to be paid, then Landlord upon five (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY (305) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required opportunity to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way withcure to Tenant, or results any person acting under Landlord, may enter the premises and without further demand proceed by distress and sale of the goods there found to levy the rent and all other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages, and further including a sum equal to five percent (5%) of the amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Tenant, and that, in such case, all costs, officers', commissions and other charges shall immediately attach and become a work stoppage in connection with, construction of any part of the Center or claim of said Landlord for rent and any other tenant's space; (e) tender of rent without said costs, commissions and charges made after the bankruptcy or insolvency of Tenant or the filing by or against Tenant issue of a petition in bankruptcy or for reorganization or arrangement or for warrant of distress shall not be sufficient to satisfy the appointment claim of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for said Landlord. Tenant hereby expressly waives the benefit of creditors; (f) all laws now made or that may hereafter be made regarding any limitation as to the goods upon which, or the time within which distress is to be made after removal of goods, and further relieves the Landlord of the obligation of proving or identifying or appraising such goods and said Tenant abandoning or vacating or failing hereby agrees to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands leave no goods of any person kind for use on the demised premises with the understanding that such goods shall be exempt from levy for rent and other than expressly permitted charges herein reserved as rent, it being the purpose and intent of this provision that all goods of Tenant, whether upon the demised premises or not, shall be liable to distress for rent. Tenant waives in favor of Landlord all rights under this Leasethe Landlord and Tenant Act of 1951, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five (5) days from said distraint without any appraisement and/or condemnation thereof. Tenant further waives the right to issue a Write of Replevin under the laws of the Commonwealth of Pennsylvania, now in force or which may hereafter enacted, for the recovery of any articles and goods seized under a distress for rent or levy upon execution for rent, damages or otherwise, and all waivers mentioned herein are hereby extended to apply to any such action. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may havethe foregoing, Landlord shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premisesleased premises, store using as much force as necessary, and such property may be removed and stored in a public warehouse at the cost of and for the account of Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: ; (a) any failure of Tenant shall fail to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] when due; (b) any failure by Tenant shall fail to perform or observe any other of the terms, provisions, conditions conditions, and covenants of this Lease for more than THIRTY (30) ten days after written notice of such failure; (c) a determination by Landlord shall determine that Tenant has submitted any false report or made false statement required to be furnished hereunder; (d) anything done by Tenant upon shall become bankrupt or insolvent or reorganization or arrangement for the benefit of creditors or an order for relief is entered in connection with the Premises or the construction respect of any part thereof which directly [CONFIDENTIAL] interferes in any way withTenant, or results in a work stoppage in connection withTenant shall generally not pay its debts, construction of any part of the Center or any other tenant's spaceas such debts become due; (e) the bankruptcy Tenant shall abandon or insolvency of Tenant vacate or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing fail to do business in the Premises for ten (10) continuous days, or (gf) this Lease or Tenant's ’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (hg) the Premises come into the hands of any person other than such persons expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), . Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter upon default to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all each case without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein If rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay any such deficiency to Landlord. No re-entry or taking possession of the Premises by Landlord shall be construed as an election to require terminate this Lease, unless Landlord to give any gives a written notice before exercising any of its rights and remedies provided for in Section 3.4such termination.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of this Lease: (a) any failure of Tenant (a) to pay any rent or other amount WITHIN TEN rental due hereunder within ten (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] days after the same shall be due; or (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failuredefault shall have been given to Tenant; or (c) a determination by Landlord that if Tenant has submitted or an agent of Tenant shall falsify any false report required to be furnished hereunderto Landlord, any charter school authorizing agency, accrediting agency, or other governmental body; or (d) anything done by if Tenant upon shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's ’s property, ; or Tenant's (e) if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement; or (f) if Tenant abandoning or vacating or failing to do business in the shall abandon said Premises or (g) suffer this Lease or Tenant's interest herein or in the Premises or to be taken under any improvements thereon or any property writ of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such eventexecution, and without FURTHER grace periodthen, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all Landlord beside other rights or remedies it may havehave at law or in equity, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property except for FFE obtained pursuant to Section 3.05 from the Premises, store Premises and such property may be removed and stored in a public warehouse or elsewhere at Tenant's expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunderfor the account of Tenant, all without FURTHER service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount WITHIN TEN charges due hereunder when due, or (102) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.2 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.2 for the purpose specified in Section 7.1 hereof, or fail to operate under the name specified in Section 16.1 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (bor by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Development) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failuredefault shall have been mailed to Tenant; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary or to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort institute legal proceedings to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4that end.

Right to Re-enter. The following shall a. If an Event of Default occurs, (i) the full amount of the current month’s and the next three (3) months’ installments of Rent (calculated according to Section 7.1(b), will immediately be considered due and payable, and (ii) exercise its right of distress and (iii) the Landlord may re-enter and re-possess the Leased Premises. If the Landlord re-enters, at the Landlord’s option, this Lease and all of the Tenant’s rights under it will terminate without prejudice to the Landlord’s right to recover any arrears of Rent and damages for all purposes to be defaults under and breaches any previous breach by the Tenant of this Lease: (a) . Despite any failure termination for an Event of Default, the Landlord may sue the Tenant to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other for damages, including loss of the terms, provisions, conditions and covenants future Rent as a result of this Lease for more than THIRTY being prematurely terminated and the cost of recovering the Leased Premises. If any legal proceedings are instituted because of an Event of Default, the Tenant will pay the Landlord’s expenses, including legal fees on a solicitor and client basis. ​ On such a termination, the Tenant will promptly (30and in any case within ten (10) days after written notice requiring it to do so) remove all of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with its property from the Premises Leased Premises, or the construction of Landlord may at any part thereof which directly [CONFIDENTIAL] interferes in any way with, time remove all or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the PremisesLeased Premises and store it in a public warehouse or elsewhere at the cost of the Tenant. Despite anything to the contrary, store in such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable event the Landlord will not be responsible for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of the Tenant’s property regardless of how the loss or damage is caused, even if by negligence. If the Tenant fails to remove its rights property as required, or if it fails to pay the Landlord’s costs of removal and remedies provided storage within ten (10) days after written notice specifying those costs, the Tenant will be considered to have abandoned its property and the Landlord will be entitled to retain or to sell or dispose of it for in Section 3.4the Landlord’s own benefit.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount WITHIN TEN charges due hereunder within five (105) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] business days following notice from Landlord that the same is past due, or (b2) if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.02 hereof (provided that if Tenant shall have paid all rent, and shall also have paid the liquidated damages amounts payable under Section 1.03 of this Lease as a result of Tenant's failure to initially open for business in the leased premises on the commencement date of the term of this Lease, then such failure to commence operations shall not be a default permitting Landlord to exercise the rights under this Article XIX until the expiration of ninety (90) days following the commencement date of the term of this Lease), or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if Tenant shall wrongfully offset against rents any amounts purported to be due by Landlord to Tenant, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failure; default shall have been received or refused by Tenant (c) a determination by Landlord that provided, however, such period shall be extended for an additional, reasonable period if Tenant has submitted any false report required diligently commenced the curing of such default and is diligently pursuing the same to be furnished hereunder; completion, but in no event shall either the thirty (d30) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center day period or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of extension thereof apply to Tenant's property, or Tenant's assignment for the benefit covenant to operate pursuant to Section 7.02 of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (unless the same being hereby waived by Tenantis excused pursuant to Section 17.01 or Article XVIII of this Lease), ; then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either by force or at any time thereafter otherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end. Notwithstanding the foregoing, if Tenant has closed its business for repairs or alterations, and landlord believes that such closure violates the continuous operation provisions of Section 7.02, then Landlord shall not have the right to terminate this Lease by giving or exercise its re-entry rights unless Landlord shall first provide at least twenty-four (24) hours written notice to Tenant stating the date upon which of such termination shall be effective, violation and shall have the right, either before or after any opportunity for Tenant to cure during such termination, to re24-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4hour period."

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of If the Tenant fails to pay Rent that is in arrears within fifteen (15) days after, or keep any rent one or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other more of the other terms, provisions, conditions and or covenants of this Lease for more than THIRTY (30) days after written notice to be observed or performed by the Tenant, or if the Tenant or an agent of such failure; (c) the Tenant falsifies a determination by Landlord that Tenant has submitted any false report or statement required to be furnished hereunder; (d) anything done by Tenant upon or in connection with to the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way withLandlord pursuant to this Lease, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly if re-entry is permitted under other terms of this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, Landlord in addition to all any other rights right or remedies remedy it may have, shall will have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of immediate re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store such and the property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER service of notice or resort to legal process and without the Landlord being deemed guilty of considered liable for trespass or becoming liable for any loss or damage occasioned thereby, PROVIDED THAT the Landlord shall give the Tenant 15 days notice in writing before taking any action allowed herein for deficiencies or breaches set out in this lease other than the non-payment or arrears of rent. Nothing herein Provided that if the default or deficiency is one which cannot reasonably be rectified within 15 days of the Tenant’s receipt of notice of such default or deficiency, then the Tenant shall be construed deemed not to require Landlord be in default if the Tenant commences rectification of the default or deficiency forthwith upon receipt of notice of such default or deficiency, attends continuously to give any rectify and does rectify the default or deficiency, even though such rectification may take longer than 15 days after such notice before exercising any of its rights and remedies provided for in Section 3.4default is received by the Tenant.

Right to Re-enter. The following  Tenant shall be considered for all purposes to be defaults under and breaches deemed in default hereunder in the event of this Lease: (a) any failure of Tenant to pay any rent when due hereunder. In the event Tenant shall be in default or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant fails to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failure; (c) a determination default shall have been sent by Landlord that Landlord, or if Tenant has submitted or an agent of Tenant shall falsify any false report required to be furnished hereunder; (d) anything done by to Landlord pursuant to the terms of this Lease, or if Tenant upon or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's propertyor any such guarantor's properly, or Tenant's if Tenant or any such guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandoning shall abandon said premises, or vacating or failing to do business in the Premises or (g) suffer this Lease or Tenant's interest herein or in to be taken under any writ of execution, the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all Landlord besides other rights or remedies it may have, hereunder or by law or in equity, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Leased Premises and such property may, at TenantLandlord's expenseoption, either be removed and stored in a public warehouse or elsewhere at the cost of, and sell such property if necessary to satisfy any deficiency for the account of Tenant, or may be disposed of by Landlord as it, in payments by Tenant as required hereunderits sole discretion, deems fit, all without FURTHER service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4

Right to Re-enter. The following If and whenever all or part of the Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall be considered for all purposes fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be defaults under remedied and breaches of this Lease: such default has not been remedied by the Tenant within fourteen (a) any failure of Tenant to pay any rent or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than THIRTY (3014) days after written notice receipt of such failure; (c) a determination by Landlord that notice, or such longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant has submitted shall falsify any false report required to be furnished hereunder; (d) anything done by to the Landlord pursuant to the terms of this Lease or if the Tenant upon shall become bankrupt or in connection with the Premises insolvent or the construction of file any part thereof which directly [CONFIDENTIAL] interferes in any way withproposal, or results in if a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee Receiver is appointed of all or a portion of the Tenant's ’s property, or Tenant's assignment for if the benefit Tenant makes a sale in bulk, or if the Tenant shall abandon the Premises, or suffer this Lease or any of creditors; (f) its assets to be taken under any writ of execution or like process, or if the Tenant abandoning or vacating or failing to do business creates a security interest in the personal property of the Tenant in the Premises in favour of a third party or (g) this Lease or Tenant's interest herein or if any notice is filed under section 49 of the Personal Property Security Act in respect of the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly if re-entry is permitted under any other terms of this Lease. In any such event, and without FURTHER grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Premises and such property may be removed and stored for the account of the Tenant or be sold by he Landlord (and at Tenant's expensethe sole option of the Landlord, and sell such property if necessary by way of private sale to satisfy the Landlord or any deficiency in payments by Tenant as required hereunder, third party) all without FURTHER notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned therebythereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. Nothing herein The Landlord or its duly authorized agent shall be construed entitled to require Landlord distrain for the Rent hereby reserved including accelerated rent, if any, or for any money hereby made recoverable by distress upon the goods and chattels of the Tenant, wheresoever situate, and upon any premises to give which the same may have been removed or wherever the same may be found. The Tenant hereby waives and renounces the benefit of any notice before exercising any present or future legislation taking away or limiting the Landlord’s right of its rights and remedies provided for in Section 3.4distress.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of this Lease: (a) any failure of Tenant to pay any rent or other amount WITHIN TEN rental due hereunder for more than ten (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) days after written notice of such default shall have been given to Tenant, or any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failure; (c) a determination by Landlord that default shall have been given to Tenant, or if Tenant has submitted shall become bankrupt or insolvent, or file any false report required debtor proceedings or take or have taken against Tenant in any court pursuant to be furnished hereunder; (d) anything done by Tenant upon any statute either of the United States or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's ’s property, or Tenant's if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) suffer this Lease or Tenant's interest herein or in the Premises or to be taken under any improvements thereon or any property writ of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such eventexecution, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all then Landlord besides other rights or remedies it may havehave under this Lease, applicable law, or otherwise shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Leased Premise and such property may be removed and stored in a public warehouse or elsewhere at Tenant's expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunderfor the account of Tenant, all without FURTHER notice or resort to legal process and without being deemed guilty with service of trespass or becoming liable for any loss or damage occasioned therebynotice. Nothing herein Each of the foregoing occurrences shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4considered a default under the Lease (sometimes “Default”).

Right to Re-enter. The following shall be considered Proviso for all purposes to be defaults under and breaches re-entry by the Landlord on non-payment of this Lease: rent or non-performance of covenants. Without limiting the generality of the foregoing, if; (a) any failure of the Tenant fails to pay any rent Rent or other amount WITHIN TEN sums due hereunder on the day or dates appointed for the payment thereof (10provided the Landlord first gives five (5) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] days' written notice to the Tenant of any such failure); or (b) any failure by the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease for more than THIRTY to be observed or performed by the Tenant (30provided the Landlord first gives to the Tenant ten (10) days after days', or such shorter period of time as is otherwise provided herein, written notice, or, no notice in case of a real or apprehended emergency, of any such failurefailure to perform, and, the Tenant, within such period, fails to commence diligently and thereafter to proceed diligently to cure any such failure to perform); or (c) the Tenant or any Indemnifier of this Lease or any Person occupying the leased Premises or any part thereof or any licensee, concessionaire or franchisee operating a determination by Landlord that Tenant has submitted business in the Leased Premises becomes bankrupt or insolvent or takes the benefit of any false report required to be furnished hereunderact now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; or (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant's property or any such Indemnifier's occupant's, licensee's, concessionaire's or franchisee's property; or (e) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant's assignment for the benefit of creditorsor its assets; or (f) the Tenant abandoning makes a sale in bulk (other than a bulk sale made to an assignee or vacating sublessee pursuant to a permitted assignment or failing subletting hereunder and pursuant to do business in the Premises Bulk Sales Act of Ontario); or (g) this Lease the Tenant abandons or Tenant's interest herein or in attempts to abandon the Premises or any improvements thereon or any property of Tenant are executed upon or attachedLeased Premises; or (h) the Tenant transfers or permits the occupation of all or any part of the Leased Premises come into by any one except in a manner permitted by this Lease; or (i) this Lease or any of the hands Tenant's assets are taken under any writ of any person other than expressly execution; or (j) re-entry is permitted under any other terms of this Lease. In any such event, and without FURTHER grace period, demand or notice (; than the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating the date upon which such termination shall be effectivelaw, and shall have the right, either before or after any such terminationhas, to the extent permitted by law, the immediate right of re-entry upon the Leased Premises and may re-enter the Leased Premises, and take possession any or all of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, property may be removed and sell such property if necessary to satisfy any deficiency sold or disposed of by the Landlord as it deems advisable or may be stored in payments by Tenant as required hereundera public warehouse or elsewhere at the cost and for the account of the Tenant, all without FURTHER services of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount WITHIN TEN charges due hereunder wh~~ due, or (102) DAYS AFTER NOTICE THAT SAME IS OVERDUE if Tenant shall fail to move into the premises and to commence the conduct ~of its business on the date specified in Section 1.02 hereof, or fail to~any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or wnich is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, [CONFIDENTIAL] (bDELETED](3) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants or covenar's of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or Tenant's assignment for the benefit of creditors; (f) Tenant abandoning or vacating or failing to do business in the Premises or (g) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), default shall have been ~ to~ then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary or to satisfy any deficiency in payments by Tenant as required hereunder, all without FURTHER notice or resort institute legal proceedings to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4that end.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of this Lease: (a) any failure of Tenant to pay any rent rental within five (5) days after the same shall be due, or other amount WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than THIRTY thirty (30) days after written notice of such failure; other default shall have been given to Tenant, (cor in the event such other default cannot reasonably be cured within thirty (30) days and Tenant commences to cure and diligently pursue a determination by Landlord that course of action to so cure and continue towards completion then for a reasonable period of time not to exceed 90 days) or if Tenant has submitted or an agent of Tenant shall substantially falsify any false report required to be furnished hereunder; (d) anything done by to Landlord pursuant to the terms of this Lease, or if Tenant upon or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have against Tenant or any guarantor of this Lease in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of state a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's ’s or any such guarantor’s property, or Tenant's if Tenant or any such guarantor makes an assignment for the benefit of creditors; (f) Tenant abandoning , or vacating petitions for or failing enters into an arrangement, or if tenant shall abandon said premises or any part thereof, or vacate all or any pail of the leased premises, or fail to do operate its business in the Premises leased premises (except during any time when the leased premises may be untenantable by reason of fire or (g) other casualty), or suffer this Lease or Tenant's interest herein or in the Premises or to be taken under any improvements thereon or any property writ of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such eventexecution, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may havehave (including the continuing right to immediately terminate this Lease), shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store leased premises in accordance with applicable law and such property may be removed and stored in a public warehouse or elsewhere at Tenant's expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunderfor the account of Tenant, all after the written notice specified herein, if any, and then without FURTHER further service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4.

Right to Re-enter. The following If and whenever all or part of the Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall be considered for all purposes fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be defaults under remedied and breaches of this Lease: (a) any failure of such default has not been remedied by the Tenant to pay any rent or other amount WITHIN TEN within ten (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform days after receipt of such notice, or observe any other such longer period as may be reasonably necessary in view of the termsnature of the default, provisions, conditions and covenants of this Lease for more than THIRTY (30) days after written notice of such failure; (c) a determination by Landlord that or if the Tenant has submitted shall falsify any false report required to be furnished hereunder; (d) anything done by to the Landlord pursuant to the terms of this Lease or if the Tenant upon or in connection with the Premises any Guarantor of this Lease shall become bankrupt or the construction of insolvent or file any part thereof which directly [CONFIDENTIAL] interferes in any way withproposal, or results in if a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee Receiver is appointed of all or a portion of the Tenant's property or any such Guarantor's property, or Tenant's assignment for if the benefit Tenant makes a sale in bulk, or if the Tenant shall abandon the Premises, without the Tenant giving written notice of creditors; (f) Tenant abandoning or vacating or failing its intention to do business in reoccupy the Premises within 90 days, or (g) suffer this Lease or Tenant's interest herein any of its assets to be taken under any writ of execution or like process, or if any notice is filed under section 49 of the Personal Property Security Act in respect of the Premises Premises, or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly if re-entry is permitted under any other terms of this Lease. In any such event, and without FURTHER grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Premises and such property may be removed and stored for the account of the Tenant or be sold by the Landlord (and at Tenant's expensethe sole option of the Landlord, and sell such property if necessary by way of private sale to satisfy the Landlord or any deficiency in payments by Tenant as required hereunder, third party) all without FURTHER notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned therebythereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. Nothing herein The Landlord or its duly authorized agent shall be construed entitled to require Landlord distrain for the Rent hereby reserved including accelerated rent, if any, or for Dominion/Investors/Trillium Lease Xxxx & Company any money hereby made recoverable by distress upon the goods and chattels of the Tenant, wheresoever situate, and upon any premises to give which the same may have been removed or wherever the same may be found. The Tenant hereby waives and renounces the benefit of any notice before exercising any present or future legislation taking away or limiting the Landlord's right of its rights and remedies provided for in Section 3.4distress.